Found Deceased WY - Gabrielle ‘Gabby’ Petito, 22, Grand Teton National Park, 25 Aug 2021 #85

[borndem]

I don't blame them and I hope they are successful in getting the information they are seeking. I believe that some of their complaint is based on evidence that they have access to that has not been released to the public but has been shared with them by the FBI. JMO.

I'm thinking the same thing -- I think they have something... They must, in order to make it make sense. But IANAL.
If not, I'm not so sure it would work. We'll see...

 

[Gemmie]

Just saw this:
----------------------------
Suit Claims Laundries Knew Remains Location During Vacation: Report
Amended lawsuit says family knew where Gabby Petito was buried before they went on vacation, Newsday reports.

Peggy Spellman Hoey, Patch Staff
Posted Sat, Apr 30, 2022 at 1:25 pm ET|Updated Sat, Apr 30, 2022 at 2:05 pm ET
BLUE POINT, NY — The family of Gabby Petito have filed an amended lawsuit alleging Brian Laundrie's parents knew the location of her undiscovered remains when they left for vacation, according to a report in Newsday.
Florida attorney Patrick Reilly writes: "They went on vacation knowing that Brian Laundrie had murdered Gabrielle Petito, it is believed that they knew where her body was located, and further knew that Gabrielle Petito's parents were attempting to locate her," the outlet reports.
[...]
"Christopher and Roberta Laundrie exhibited extreme and outrageous conduct which constitutes behavior," that "goes beyond all possible bounds of decency and is regarded as shocking, atrocious, and utterly intolerable in a civilized community," according to the lawsuit obtained by the outlet.
The lawsuit seeks at least $100,000, and states that Petito and Schmidt suffered pain and mental anguish as a result of the "willfulness and maliciousness" of the Laundries, WFLA.com reported.
----------------------------
Much more here along with related articles:
Suit Claims Laundries Knew Remains Location During Vacation: Report

Odd. From what I recall she wasn't buried, but left behind to....

Here's the link to the article as the Peggy Spellman link in the post doesn't take you directly there.

Suit Claims Laundries Knew Remains Location During Vacation: Report

 

[Mike in WNY]

The Gabby Petito murder case is getting made into a Lifetime movie. Some people say it's too soon.​

The Gabby Petito murder case is getting made into a Lifetime movie. Some people say it's too soon.

Lifetime said the movie "will explore Gabby and her fiancé Brian Laundrie’s complicated relationship and what may have gone wrong during their cross-country trip."

www.nbcnews.com

I can speculate that one "side" of the pending suit is cheering, while the other is cursing.

 

[Gemmie]

The Gabby Petito murder case is getting made into a Lifetime movie. Some people say it's too soon.​

The Gabby Petito murder case is getting made into a Lifetime movie. Some people say it's too soon.

Lifetime said the movie "will explore Gabby and her fiancé Brian Laundrie’s complicated relationship and what may have gone wrong during their cross-country trip."

www.nbcnews.com

I can speculate that one "side" of the pending suit is cheering, while the other is cursing.

Ugh. I vote for it being too soon. I wonder if they need her parents permission to do this? I'm thinking yes, which would mean they obviously gave it since it's being made.

 

[TL4S]

Ugh. I vote for it being too soon. I wonder if they need her parents permission to do this? I'm thinking yes, which would mean they obviously gave it since it's being made.

I vote with you. Does an active movie production have any bearing on the lawsuit, on either side?

 

[NCWatcher]

Ugh. I vote for it being too soon. I wonder if they need her parents permission to do this? I'm thinking yes, which would mean they obviously gave it since it's being made.

I doubt they need permission from anyone to make this movie. Both G&B were adults, after all, and became high-profile figures. I'm not sure permission would be needed for a movie about a murder case involving a dead minor anyway (lots of Caylee movies) but I don't think parental permission ever figures in with dead adults.

I do wonder about the claim of "exploring the relationship." Who will provide inside info? Pretty sure it won't be the L's! Rose D will, I guess. It seems pretty obvious to me the P's know very little as they went on the record saying they didn't know the relationship was troubled in any way. Tara P who says she's been in an abusive relationship said she didn't pick up on any abuse vibes. Of course, most of those things were said early on (but after the police stop video came to light.) The P's may feel they know more now. And if the movie is about Gabby's life as claimed, it does sound like they may be cooperating.

I agree it's too soon but as awful as it's sounds, interest will die down. So the producers are striking while the iron is hot to maximize profits.
JMO

 

[Gemmie]

I doubt they need permission from anyone to make this movie. Both G&B were adults, after all, and became high-profile figures. I'm not sure permission would be needed for a movie about a murder case involving a dead minor anyway (lots of Caylee movies) but I don't think parental permission ever figures in with dead adults.

I do wonder about the claim of "exploring the relationship." Who will provide inside info? Pretty sure it won't be the L's! Rose D will, I guess. It seems pretty obvious to me the P's know very little as they went on the record saying they didn't know the relationship was troubled in any way. Tara P who says she's been in an abusive relationship said she didn't pick up on any abuse vibes. Of course, most of those things were said early on (but after the police stop video came to light.) The P's may feel they know more now. And if the movie is about Gabby's life as claimed, it does sound like they may be cooperating.

I agree it's too soon but as awful as it's sounds, interest will die down. So the producers are striking while the iron is hot to maximize profits.
JMO

All great points. Thanks.

 

[borndem]

Wrongful Death suit filed by Gabby's mom --
Excellent! I knew this was coming... They could have asked a much bigger amount, but apparently they're asking for something the Laundries could actually pay and an amount that can relate to what happened in this specific case.
IMO, this suit should be a slam dunk for the Petito family.
Let's get on with it!
I don't know about the laws regarding WD in the state, but many WD suits ask for the estimated amount of income the deceased would earn in the decedent's lifetime, and other amounts -- lotsa money.
Gabby's mom did not do this WRT this lawsuit. Gabby's mom is being very reasonable, IMO.
-----------------------------

Gabby Petito's Mother Files Wrongful Death Lawsuit: Report​

The new lawsuit is seeking $30,000, Fox News reports.​

Peggy Spellman Hoey, Patch Staff​

Posted Sat, May 7, 2022 at 3:51 pm ET|Updated Sat, May 7, 2022 at 4:10 pm ET
BLUE POINT, NY — Attorneys for Gabby Petito's mother, Nichole Schmidt, have filed a new wrongful death lawsuit in Florida against the curator of the estate for Brian Laundrie, Fox News reports.
The lawsuit states that Laundrie intentionally killed Petito, and her family has "incurred funeral and burial expenses, and they have suffered a loss of care and comfort, and suffered a loss of probable future companionship, society, and comfort," the outlet reports.

The lawsuit seeks $30,000 and demands a trial by jury, as well as a judgment for compensatory damages.
[...]
In a statement to Patch after the filing of the amended lawsuit, Bertolino, said: "The allegations in the amended complaint may now conform to proper pleadings but they do not give rise to liability under the law. Thus we are still confident the Court will dismiss the action."
----------------------
Much more in the article, including "Related Stories."
----------------------
Source:

Gabby Petito's Mother Files Wrongful Death Lawsuit: Reports

The new lawsuit is seeking at least $30,000, according to Fox News.

patch.com

 

[RANCH]

Gabby Petito's mother files new lawsuit against estate of Brian Laundrie

Nichole Schmidt, the mother of deceased Gabby Petito, on Friday filed a new wrongful death lawsuit in Florida against the curator of the estate of deceased Brian Laundrie.

www.foxnews.com

Laundrie family attorney Steven Bertolino said the Petito family's wrongful death lawsuit "was fully expected."

"This lawsuit will most likely not be defended and the Petitos will have gained nothing more than a piece of paper that tells them what everyone already knows – which is that Brian was responsible for Gabby's death as indicated by the FBI," he said.

 

[NCWatcher]

Wrongful Death suit filed by Gabby's mom --
Excellent! I knew this was coming... They could have asked a much bigger amount, but apparently they're asking for something the Laundries could actually pay and an amount that can relate to what happened in this specific case.
IMO, this suit should be a slam dunk for the Petito family.
Let's get on with it!
I don't know about the laws regarding WD in the state, but many WD suits ask for the estimated amount of income the deceased would earn in the decedent's lifetime, and other amounts -- lotsa money.
Gabby's mom did not do this WRT this lawsuit. Gabby's mom is being very reasonable, IMO.
-----------------------------

Gabby Petito's Mother Files Wrongful Death Lawsuit: Report​

The new lawsuit is seeking $30,000, Fox News reports.​

Peggy Spellman Hoey, Patch Staff​

Posted Sat, May 7, 2022 at 3:51 pm ET|Updated Sat, May 7, 2022 at 4:10 pm ET
BLUE POINT, NY — Attorneys for Gabby Petito's mother, Nichole Schmidt, have filed a new wrongful death lawsuit in Florida against the curator of the estate for Brian Laundrie, Fox News reports.
The lawsuit states that Laundrie intentionally killed Petito, and her family has "incurred funeral and burial expenses, and they have suffered a loss of care and comfort, and suffered a loss of probable future companionship, society, and comfort," the outlet reports.

The lawsuit seeks $30,000 and demands a trial by jury, as well as a judgment for compensatory damages.
[...]
In a statement to Patch after the filing of the amended lawsuit, Bertolino, said: "The allegations in the amended complaint may now conform to proper pleadings but they do not give rise to liability under the law. Thus we are still confident the Court will dismiss the action."
----------------------
Much more in the article, including "Related Stories."
----------------------
Source:

Gabby Petito's Mother Files Wrongful Death Lawsuit: Reports

The new lawsuit is seeking at least $30,000, according to Fox News.

patch.com

BBM

The P's must think the estate is worth more than $20K but not too much more then. There was no point in asking for more than the estate has in it (like lifetime earnings) The L's won't be paying it-- B's estate will (assuming the suit is successful. This one probably will be unlike the other one IMO.) The L's won't be personally responsible for paying anything on the Wrongful Death though. They aren't being sued for G's death.
JMO

 

[borndem]

I doubt they need permission from anyone to make this movie. Both G&B were adults, after all, and became high-profile figures. I'm not sure permission would be needed for a movie about a murder case involving a dead minor anyway (lots of Caylee movies) but I don't think parental permission ever figures in with dead adults.

I do wonder about the claim of "exploring the relationship." Who will provide inside info? Pretty sure it won't be the L's! Rose D will, I guess. It seems pretty obvious to me the P's know very little as they went on the record saying they didn't know the relationship was troubled in any way. Tara P who says she's been in an abusive relationship said she didn't pick up on any abuse vibes. Of course, most of those things were said early on (but after the police stop video came to light.) The P's may feel they know more now. And if the movie is about Gabby's life as claimed, it does sound like they may be cooperating.

I agree it's too soon but as awful as it's sounds, interest will die down. So the producers are striking while the iron is hot to maximize profits.
JMO

You're absolutely correct. I have pity for both families if this happens. SMH.

 

[Shamrock1]

A specific $ amount has to be claimed to get the case on the major jury track; I wouldn’t focus on the 30k. JMO - not a FL atty.

 

[NCWatcher]

A specific $ amount has to be claimed to get the case on the major jury track; I wouldn’t focus on the 30k. JMO - not a FL atty.

Thanks for the reminder!

Isn't it the case though that the estate, not the L's, is being sued? So say the estate IS worth $30K (after legally allowable upfront deductions like some fees or burial/cremation costs.) And for the sake of argument, say $40K was awarded. The L's aren't on the hook for the $10K, right? I wouldn't think state laws would differ on that issue. Generally the responsibility to pay debts (those that exceed the assets left by the deceased) isn't passed on to family members. Of course, if there is jointly owned property things can get messy but I can't imagine what that would be here. Guess we'll see.
JMO

 

[Skigirl]

Ugh. I vote for it being too soon. I wonder if they need her parents permission to do this? I'm thinking yes, which would mean they obviously gave it since it's being made.

I'm in the "too soon" camp, but my understanding is that someone who has passed away has essentially no privacy rights or rights to their story in any way, so her parents wouldn't need to give permission.

 

[Wallendo]

If BL's estate defends itself, most, if not all of his estate will go to legal expenses. It is also possible the estate could simply not respond and the Petitio family would collect whatever funds there are in a summary judgment.

The only potential assets of his estate worth fighting for in court would be book/movie/TV rights.

 

[NCWatcher]

If BL's estate defends itself, most, if not all of his estate will go to legal expenses. It is also possible the estate could simply not respond and the Petitio family would collect whatever funds there are in a summary judgment.

The only potential assets of his estate worth fighting for in court would be book/movie/TV rights.

Thanks for the info

Could you explain what you mean by book rights? Do you mean if the L's wanted to write a book? If they did (I doubt they do) how would that be an estate matter? Or are you talking about whether the L's could publish any writings of BL's? Not that I think they would but IF they did, since publication would be after death, how would that be an estate issue? I know of some books made up of love letters adult children published that their deceased parents wrote to each other. In those cases did any profits belong to the estate of one or both parents? Also is there any reason to think there had to be permission given to Lifetime to make their movie? (Discussed above)
TIA

 

[Wallendo]

I doubt the L's would have any incentive to sell rights to BL's story, but owning rights to BL's story from his estate might be of some value. The owner of the rights to his image and story might have some standing to sue to interfere with a potential project.

My gut feeling is that GP's family is so enraged at the L's, that they do not want them to profit from this case in any way.

Gabby Petito's mother files new lawsuit against estate of Brian Laundrie

Nichole Schmidt, the mother of deceased Gabby Petito, on Friday filed a new wrongful death lawsuit in Florida against the curator of the estate of deceased Brian Laundrie.

www.foxnews.com

An interesting quote from the article: "The curator of Laundrie's estate, Barry Spivey, told Fox News Digital that one of his primary functions as a limited curator "is to accept service of a summons on that lawsuit," but he has "absolutely no responsibility to respond to it.""

I also find it interesting that this lawsuit has a much more "legal" feeling to it than the lawsuit against the the L's. For example, Gabby is referred to by her full legal name.

 

[NCWatcher]

I doubt the L's would have any incentive to sell rights to BL's story, but owning rights to BL's story from his estate might be of some value. The owner of the rights to his image and story might have some standing to sue to interfere with a potential project.

My gut feeling is that GP's family is so enraged at the L's, that they do not want them to profit from this case in any way.

Gabby Petito's mother files new lawsuit against estate of Brian Laundrie

Nichole Schmidt, the mother of deceased Gabby Petito, on Friday filed a new wrongful death lawsuit in Florida against the curator of the estate of deceased Brian Laundrie.

www.foxnews.com

An interesting quote from the article: "The curator of Laundrie's estate, Barry Spivey, told Fox News Digital that one of his primary functions as a limited curator "is to accept service of a summons on that lawsuit," but he has "absolutely no responsibility to respond to it.""

I also find it interesting that this lawsuit has a much more "legal" feeling to it than the lawsuit against the the L's. For example, Gabby is referred to by her full legal name.

Thank you. I agree the P's are acting out of anger but I'm not sure if the L's profiting is their main concern. I think they want the L's to suffer.

I think I'm still confused about the "owning" of rights to a life story. I'd think I could write a book on BL if I wanted to and do it without permission. Not that I want to nor do I know enough about him to do it and I obviously would have trouble convincing a company to publish it. But, if I did it, I'm not sure how his estate or anyone else could stop me. I'd think I could even discuss G and I don't think her estate and all the P's lawyers could stop me. If I wrote about a living person in an unauthorized biography situation and made false statements, the living person might sue me for libel. But do the dead have those rights? I didn't think so. Often libel arguments rest on damage done to the person's reputation causing a potential earnings loss. I guess maybe an argument could be made that Gabby is earning money after death as the face of the foundation but that sounds shaky to me.
JMO

 

[RANCH]

I'm in the "too soon" camp, but my understanding is that someone who has passed away has essentially no privacy rights or rights to their story in any way, so her parents wouldn't need to give permission.

Florida court: Dead or not, privacy right remains alive

TALLAHASSEE, Fla. (AP) — A widow's fight to keep her husband's medical records private in a malpractice lawsuit led the Florida Supreme Court to rule Thursday that the state constitution's right to privacy extends beyond death in any circumstance. Lawyers for a doctor being sued for malpractice...

apnews.com

 

[RANCH]

Thank you. I agree the P's are acting out of anger but I'm not sure if the L's profiting is their main concern. I think they want the L's to suffer.

I think I'm still confused about the "owning" of rights to a life story. I'd think I could write a book on BL if I wanted to and do it without permission. Not that I want to nor do I know enough about him to do it and I obviously would have trouble convincing a company to publish it. But, if I did it, I'm not sure how his estate or anyone else could stop me. I'd think I could even discuss G and I don't think her estate and all the P's lawyers could stop me. If I wrote about a living person in an unauthorized biography situation and made false statements, the living person might sue me for libel. But do the dead have those rights? I didn't think so. Often libel arguments rest on damage done to the person's reputation causing a potential earnings loss. I guess maybe an argument could be made that Gabby is earning money after death as the face of the foundation but that sounds shaky to me.
JMO

The Story Behind Life Story Rights​

Expressive works are constitutionally protected against right of publicity claims; the principle being based on the Free Speech Clause of the First Amendment. The idea is you cannot restrict the exercise of free speech by preventing others from speaking about you, even if the speech is “commercial” in the sense that it generates profits. Courts are consistent in saying that the right of publicity does not outweigh the value of free expression, whether the form of expression involved is factual or fictional.

To summarize, it is not always necessary to obtain authorization from a person whose life is depicted in your film or other creative work, especially if it is considered an expressive work. But it is important to evaluate the risks, especially if the picture is not favorable to the person being portrayed, and what advantages you could get out of purchasing life story rights.

https://uslawgroupinc.com/the-story-behind-life-story-rights/